James T. Johnson v. Bob Bergland, Sec'y of Agric. Gordon Cavanaugh, Adm'r, Farmers Home Admin. & United States of Am., 586 F.2d 993 (4th Cir. 1978). · Go Syfert
James T. Johnson v. Bob Bergland, Sec'y of Agric. Gordon Cavanaugh, Adm'r, Farmers Home Admin. & United States of Am., 586 F.2d 993 (4th Cir. 1978). Cases Citing This Book View Copy Cite
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cited 10× by 8 distinct cases, 1990–2026 · 3 courts↑ Rising · …violations of first amendment rights constitute per se irreparable injury. at p. 995
cited 3× by 2 distinct cases, last quoted 1989 · 2 courts↓ Fading · …violations of first amendment rights constitute per se irreparable injury at p. 995
93 citation events (22 in the last 25 years) across 21 distinct courts.
Strongest positive: Baby Doe v. Joshua Mast (ca4, 2026-04-22)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Baby Doe v. Joshua Mast
4th Cir. · 2026 · quote attribution · 1 verbatim quote · confidence high
violations of first amendment rights constitute per se irreparable injury.
discussed Cited as authority (verbatim quote) Bernstein v. Sims
E.D.N.C. · 2022 · quote attribution · 1 verbatim quote · confidence high
violations of first amendment rights constitute per se irreparable injury.
discussed Cited as authority (verbatim quote) Intl. Refugee Assistance v. Donald J. Trump
4th Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
violations of first amendment rights constitute per se irreparable injury.
examined Cited as authority (verbatim quote) Intl. Refugee Assistance v. Donald J. Trump (2×) also: Cited as authority (quoted)
4th Cir. · 2018 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
violations of first amendment rights constitute per se irreparable injury.
discussed Cited as authority (verbatim quote) Int'l Refugee Assistance v. Donald Trump
4th Cir. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
violations of first amendment rights constitute per se irreparable injury.
examined Cited as authority (verbatim quote) International Refugee Assistance Project v. Trump (2×)
4th Cir. · 2017 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
violations of first amendment rights constitute per se irreparable injury.
discussed Cited as authority (quoted) In re: Murphy-Brown, LLC
4th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
violations of first amendment rights constitute per se irreparable injury.
discussed Cited as authority (rule) Vollette v. Watson
E.D. Va. · 2013 · confidence medium
It is well established in the Fourth Circuit that “[violations of first amendment rights constitute per se irreparable injury.” Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (citing Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) (plurality opinion)); see Legend Night Club, 637 F.3d at 302 (quoting Elrod, 427 U.S. at 373 , 96 S.Ct. 2673 ) (“<[T]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.’ ”).
discussed Cited as authority (rule) Occupy Columbia v. Haley (2×)
D.S.C. · 2011 · confidence medium
Bd., 354 F.3d 249 , 254-55 (4th Cir.2003) (noting that a determination of likelihood of success on the merits as to a First Amendment claim supports a finding of irreparable harm); Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) (noting that loss of First Amendment freedoms, even for a short period of time, constitutes an irreparable injury); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (“Violations of [F]irst [A]mendment rights constitute per se irreparable injury.”).
discussed Cited as authority (rule) American Civil Liberties Union v. Conti
E.D.N.C. · 2011 · confidence medium
See Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) (“The loss of first amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (“Violations of first amendment rights constitute per se irreparable injury.”).
discussed Cited as authority (rule) Person v. Mayor and City Council of Baltimore
D. Maryland · 2006 · confidence medium
See Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) (“The loss of First Amendment freedoms, for even a minimal period of time, unquestionably constitutes irreparable injury.”); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978)(“Violations of first amendment rights constitute per se irreparable injury.”).
cited Cited as authority (rule) Butler v. Alabama Judicial Inquiry Commission
M.D. Ala. · 2000 · confidence medium
Id. (citing Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978)) (holding that “[violations of first amendment rights constitute per se irreparable injury”).
discussed Cited as authority (rule) Butler v. Alabama Judicial Inquiry Commission (2×)
M.D. Ala. · 2000 · confidence medium
Id. (citing Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978)) (holding that “[violations of first amendment rights constitute per se irreparable injury”).
discussed Cited as authority (rule) Stuart Circle Parish v. Board of Zoning Appeals
E.D. Va. · 1996 · confidence medium
Although there is some uncertainty respecting whether a constitutional injury has been alleged by plaintiffs, it is clear that “[violations of First Amendment rights constitute per. se irreparable injury.” Doe v. Shenandoah County School Board, 737 F.Supp. 913, 916 (W.D.Va. 1990) (citing Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) see Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689 , 49 L.Ed.2d 547 (1976)).
discussed Cited as authority (rule) G & V Lounge, Inc. v. Michigan Liquor Control Commission
6th Cir. · 1994 · confidence medium
"The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury." Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976) (plurality); accord id. at 374-75 , 96 S.Ct. at 2690 (Stewart, J., concurring); see also Newsom v. Norris, 888 F.2d 371, 378 (6th Cir.1989) ("The Supreme Court has unequivocally admonished that even minimal infringement upon First Amendment values constitutes irreparable injury sufficient to justify injunctive relief.") (citing Elrod ); id. ("[V]iolations of first amendment rights constitute p…
discussed Cited as authority (rule) G & V Lounge, Inc. v. Michigan Liquor Control Commission
6th Cir. · 1994 · confidence medium
“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976) (plurality); accord id. at 374-75 , 96 S.Ct. at 2690 (Stewart, J., concurring); see also Newsom v. Norris, 888 F.2d 371, 378 (6th Cir.1989) (“The Supreme Court has unequivocally admonished that even minimal infringement upon First Amendment values constitutes irreparable injury sufficient to justify injunctive relief.”) (citing Elrod); id. (“[V]iolations of first amendment rights con…
cited Cited as authority (rule) Doe Ex Rel. Doe v. Shenandoah County School Board
W.D. Va. · 1990 · confidence medium
Id. at 196 ; Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978).
examined Cited as authority (rule) Ronald Newsom Hasan Sharif Eddie J. McMillan and Donald Wolverton v. Steve Norris, Commissioner Michael Dutton, Warden and David Hindman (4×)
6th Cir. · 1989 · confidence medium
Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (transfer of employee allegedly for exercise of First Amendment rights; "[v]iolations of first amendment rights constitute per se irreparable injury"); Citizens for a Better Environment v. City of Park Ridge, 567 F.2d 689 (7th Cir.1975).... 42 One reason for such stringent protection of First Amendment rights certainly is the intangible nature or the benefits flowing from the exercise of those rights; and the fear that, if these rights are not jealously safeguarded, persons will be deterred, even if imperceptibly, from exercising those righ…
cited Cited as authority (rule) LJ by and Through Darr v. Massinga
D. Maryland · 1988 · confidence medium
See also Merrill Lynch, Pierce, Fenner & Smith v. Bradley, 756 F.2d 1048, 1054-1055 (4th Cir.1985); Federal Leasing, 650 F.2d at 499; Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978).
discussed Cited as authority (rule) Lafayette v. Frank
D. Vt. · 1988 · confidence medium
See Elron v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673, 2689-90 , 49 L.Ed.2d 547 (1976); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978); see also American Postal Workers Union, 766 F.2d at 721 (Postal Service concedes that chilling of first amendment rights would constitute irreparable injury).
discussed Cited as authority (rule) Donna Shondel and Mark J. McKechnie v. Thomas M. McDermott Individually and as Mayor of the City of Hammond, Indiana (2×)
7th Cir. · 1985 · confidence medium
True, our decision in Lasco v. Northern, 733 F.2d 477, 481 (7th Cir.1984), applied Sampson to a political-firing case, but without discussion of the bearing of the discussion of irreparable harm in the plurality opinion in Elrod, and without discussion of Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978), which followed Elrod rather than Sampson, or of the other cases, discussed in Judge Sprecher's dissenting opinion in Ciechon v. City of Chicago, 634 F.2d 1055, 1064 (7th Cir.1980), that interpret Sampson narrowly.
discussed Cited as authority (rule) Greater Baltimore Board of Realtors v. Hughes
D. Maryland · 1984 · confidence medium
Defendants maintain that, while loss of traditional first amendment rights constitutes irreparable injury, see Johnson v. Bergland, 586 F.2d 993, 925 (4th Cir.1978), loss of commercial speech rights does not.
discussed Cited as authority (rule) Bever v. Gilbertson
4th Cir. · 1984 · confidence medium
He has simply been transferred .. . ”) and Johnson v. Bergland, 586 F.2d 993, 996 (4th Cir.1978) (Hall, J„ dissenting: “.. . the majority’s reliance on Elrod v. Bums ... is misplaced; there the infringement of first amendment rights was direct and immediate, not indirect and speculative.”)
discussed Cited as authority (rule) Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of Florida
11th Cir. · 1983 · confidence medium
Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (transfer of employee allegedly for exercise of First Amendment rights; “[violations of first amendment rights constitute per se irreparable injury”); Citizens for a Better Environment v. City of Park Ridge, 567 F.2d 689 (7th Cir.1975).
discussed Cited as authority (rule) Klein v. Topside Corp (In re Exten Associates, Inc.)
D. Maryland · 1982 · confidence medium
E.g., Federal Leasing, Inc. v. Underwriters at Lloyd’s, 650 F.2d 495 , 499 (4 Cir.1981); Wetzel v. Edwards, 635 F.2d 283, 287 (4 Cir.1980); Telvest, Inc. v. Bradshaw, 618 F.2d 1029 , 1032-33 (4 Cir.1980); Maryland Undercoating Co., Inc. v. Payne, 603 F.2d 477, 481 (4 Cir.1979); North Carolina Ports Authority v. Dart Containerline Co., Ltd., 592 F.2d 749, 750 (4 Cir. 1979); and Johnson v. Bergland, 586 F.2d 993, 995 (4 Cir.1971).
discussed Cited as authority (rule) Orenstein v. Bond
E.D. Mo. · 1981 · confidence medium
Tanner v. McCall, 625 F.2d 1183, 1189 (5th Cir. 1980); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); Morris v. City of Kokomo, 381 N.E.2d 510, 518 (Ind.App.1978); McKenna v. Fargo, 451 F.Supp. 1355, 1377 (D.N.J.1978).
discussed Cited as authority (rule) Joos v. Bond
E.D. Mo. · 1981 · confidence medium
Tanner v. McCall, 625 F.2d 1183, 1189 (5th Cir. 1980); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); Morris v. City of Kokomo, 381 N.E.2d 510, 518 (Ind.App.1978); McKenna v. Fargo, 451 F.Supp. 1355, 1377 (D.N.J.1978).
discussed Cited as authority (rule) Sweeney v. Bond
E.D. Mo. · 1981 · confidence medium
Tanner v. McCall, 625 F.2d 1183, 1189 (5th Cir. 1980); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); Morris v. City of Kokomo, 381 N.E.2d 510, 518 (Ind.App.1978); McKenna v. Fargo, 451 F.Supp. 1355, 1377 (D.N.J.1978).
discussed Cited as authority (rule) McMullan v. Thornburgh
E.D. Pa. · 1981 · confidence medium
In making this argument, defendant relies heavily on a sentence in a recent Fourth Circuit opinion: “Moreover, without the [preliminary] injunction, the government would be free to name a successor to Johnson .. . and Johnson would have no means of being reinstated if he should prevail at trial.” Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978).
examined Cited as authority (rule) Mahlon M. Delong v. United States (4×)
4th Cir. · 1980 · confidence medium
However, the majority in Johnson v. Bergland, 586 F.2d 993, 995 (C.A. 4, 1978), seems to hold that being "relocated in a distant state" might "suffice to establish an infringement of . . . first amendment rights." Although this goes beyond what was authoritatively held in Elrod, I am bound to accept it as the law of the Fourth Circuit, and therefore concur in remand to the District Court for determination of the factual issues whether appellant's position in Maine was of a policy-making nature 5 and whether his transfer was equivalent in coercive impact to dismissal or threat of dismissal.
discussed Cited as authority (rule) Hughes v. Cristofane (2×)
D. Maryland · 1980 · confidence medium
Such a showing satisfies not only the irreparable harm requirement, Elrod v. Burns, 427 U.S. 347, 373 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976); Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978), but also the likelihood-of-success requirement.
examined Cited as authority (rule) Bettye Keener Stegmaier, Etc. v. Jerry Pete Trammell, Etc. (3×) also: Cited "see"
5th Cir. · 1979 · confidence medium
Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); McCollum v. Stahl, 579 F.2d 869, 872 (4th Cir. 1978), cert. denied, - U.S. -, 99 S.Ct. 1225 , 59 L.Ed.2d 460 (1979); Alfaro de Quevedo v. de Jesus Schuck, 556 F.2d 591 (1st Cir. 1977); Norbeck v. Davenport Community School District, 545 F.2d 63, 67 (8th Cir. 1976), cert. denied, 431 U.S. 917 , 97 S.Ct. 2179 , 53 L.Ed.2d 227 (1977); Besig v. Friend, 460 F.Supp. 134, 139 (N.D.
discussed Cited "see" Berean Baptist Church v. Cooper
E.D.N.C. · 2020 · signal: see · confidence high
“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976); see Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (“Violations of 2 Atthis stage of the case, the court declines to address plaintiffs’ Establishment Clause claim or their Freedom of Assembly claim. 18 . first amendment rights constitute per se irreparable injury.”).
cited Cited "see" Eisenberg v. Montgomery County
4th Cir. · 1999 · signal: see · confidence high
See Eisenberg, 19 F. Supp. 2d at 452 (cit- ing Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); Henry v. Greenville Airport Comm'n, 284 F.2d 631 , 632-33 (4th Cir. 1960)).
cited Cited "see" Eisenberg v. Montgomery County Public Schools
4th Cir. · 1999 · signal: see · confidence high
See Eisenberg, 19 F. Supp. 2d at 452 (citing Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); Henry v. Greenville Airport Comm'n, 284 F.2d 631 , 632-33 (4th Cir. 1960)).
cited Cited "see" Eisenberg ex rel. Eisenberg v. Montgomery County Public Schools
4th Cir. · 1999 · signal: see · confidence high
See Eisenberg, 19 F.Supp.2d at 452 (citing Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978); Henry v. Greenville Airport Comm’n, 284 F.2d 631 , 632-33 (4th Cir. I960)).
discussed Cited "see" Eisenberg v. Montgomery County Public Schools (2×)
D. Maryland · 1998 · signal: see · confidence high
See Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978); Henry v. Greenville Airport Comm’n, 284 F.2d 631 , 632-633 (4th Cir.1960).
discussed Cited "see" Bruce B. Wesselman v. Billy Ashley
6th Cir. · 1990 · signal: see · confidence high
See Johnson v. Bergland, 586 F.2d 993 (4th Cir.1978) ("[v]iolations of first amendment rights constitute per se irreparable injury.") One reason for such stringent protection of first amendment rights is the intangible nature of the benefits flowing from the exercise of those rights, and the fear that, if these rights are not jealously safeguarded, persons will be deterred, even if imperceptibly, from exercising those rights in the future.
discussed Cited "see, e.g." Boston Correll v. Herring
E.D. Va. · 2016 · signal: see also · confidence medium
Correll has established each of these requirements. 1.Irreparable Injury It is well established that “[t]he loss of First Amendment rights, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod, 427 U.S. at 353 , 96 S.Ct. 2673 ; see also Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (“[violations of First Amendment rights constitute per se irreparable injury”).
discussed Cited "see, e.g." Doe v. Pittsylvania County
W.D. Va. · 2012 · signal: see also · confidence medium
See Newsom v. Albemarle County, 354 F.3d 249 , 261 (4th Cir.2003); Giovani Carandola, Ltd. v. Bason, 303 F.3d 507, 520-21 (4th Cir.2002); see also Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir.1978) (holding that “[v]iolations of first amendment rights constitute per se irreparable injury”).
discussed Cited "see, e.g." Jones v. Lyng
D.D.C. · 1986 · signal: see, e.g. · confidence low
See, e.g., Johnson v. Bergland, 586 F.2d 993 (4th Cir.1978); Gibson v. INS, 541 F.Supp. 131, 134-35 (S.D.N.Y.1982); Minor v. Califano, 452 F.Supp. 36 (D.D.C.1978); Jackson v. Bergland, 448 F.Supp. 1146 (D.D.C.1978). 9.
cited Cited "see, e.g." Lee v. McManus
D. Kan. · 1982 · signal: see also · confidence low
Stewart v. Rhodes, 473 F.Supp. 1185 (S.D.Ohio 1979); see also Johnson v. Bergland, 586 F.2d 993 (4th Cir. 1978).
discussed Cited "see, e.g." Maryland Undercoating Company, Inc. v. George D. Payne (2×)
4th Cir. · 1979 · signal: see also · confidence medium
See also Johnson v. Bergland, 586 F.2d 993, 995 (4th Cir. 1978) 10 The court orally stated its findings of fact and conclusions of law from the bench 11 In its order for preliminary injunction, the court pointed to its determinations that Maryland Undercoating had established probable success on the merits and that Maryland Undercoating had and would suffer immediate and irreparable injury through the loss of employees, customers, and confidential and secret information as the bases for granting Maryland Undercoating's motion for a preliminary injunction 12 As previously stated, the likelihood…
Retrieving the full opinion text from the archive…
James T. JOHNSON, Appellant,
v.
Bob BERGLAND, Secretary of Agriculture; Gordon Cavanaugh, Administrator, Farmers Home Administration; And United States of America, Appellees
78-1021.
Court of Appeals for the Fourth Circuit.
Nov 17, 1978.
586 F.2d 993
1978 U.S. App. LEXIS 7640
Joseph W. Dean, Raleigh, N. C., for appellant., Bruce H. Johnson, Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for appellees.
Hall, Butzner, Hoffman.
Cited by 65 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 88%
Citer courts: Fourth Circuit (2)
Reporter's Syllabus editorial summary, not part of the Court's opinion

Joseph W. Dean, Raleigh, N. C., for appellant.

Bruce H. Johnson, Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for appellees.

Before BUTZNER and HALL, Circuit Judges, and WALTER E. HOFFMAN, Senior District Judge, sitting by designation.

BUTZNER, Circuit Judge:

Lead Opinion

BUTZNER, Circuit Judge:

James T. Johnson appeals from the district court’s denial of a preliminary injunction. We reverse.

Johnson, a Republican, was the State Director for North Carolina of the federal Farmers Home Administration. The Democratic administration which came into office in 1977 removed Johnson from this position and transferred him to the specially-created post of Program Assistant. Program Assistants have the same salary and rank in the General Schedule as State Directors, but Johnson claims that they have lesser responsibilities and prestige. While pursuing administrative remedies, Johnson brought suit alleging Lhat his removal from the State Director position was for partisan political purposes, that he was not a policy-making official, and therefore that his first and fifth amendment rights had been violated. See Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976). He sought a preliminary injunction reinstating him as State Director. The district court[*995] denied this request, finding that the state directorship was a policymaking position and therefore that Johnson was not entitled to Elrod protection.*

The standard for entry of interlocutory injunctive relief by a district court is the balance-of-hardship test. See Black-welder Furniture Co. v. Seilig Manufacturing Co., 550 F.2d 189, 196 (4th Cir. 1977). The court may properly consider probability of success on the merits and should always take the public interest into account. However, the most important factors “are those of probable irreparable injury to plaintiff without a decree and of likely harm to the defendant with a decree. If that balance is struck in favor of plaintiff, it is enough that grave or serious questions are presented; and plaintiff need not show a likelihood of success.” 550 F.2d at 196.

The government argues that since the district court made a preliminary finding of fact that the State Director and Program Assistant positions were comparable, Johnson cannot show irreparable harm or prevail on the merits.

If the state directorship is not a policymaking position and Johnson’s transfer was for political reasons, the fact that he was relocated in a distant state shortly after being placed in the Program Assistant position would suffice to establish an infringement of his first amendment rights. Violations of first amendment rights constitute per se irreparable injury. Elrod v. Burns, supra, 427 U.S. at 373, 96 S.Ct. 2673. Moreover, without the injunction, the government would be free to name a successor to Johnson as State Director for North Carolina, and Johnson would have no means of being reinstated if he should prevail at trial. The harm to the defendants is insubstantial. There is no suggestion that Johnson’s job performance has been unsatisfactory. There is no evidence of prejudice to the government. Harm to the dominant political party, without more, does not constitute harm to the government. See Elrod v. Burns, supra, 427 U.S. at 362, 96 S.Ct. 2673. The balance-of-hardship test therefore favors Johnson.

Johnson has also presented evidence that he is a “nonpolicymaking, nonconfidential government employee.” See Elrod v. Burns, supra, 427 U.S. at 367-68, 375, 96 S.Ct. 2673. He submitted numerous administrative regulations and affidavits of former Agriculture officials in support of his argument that a State Director’s discretion in making loans is strictly limited and that all policy determinations for the Farmers Home Administration are made by his superiors. The position of State Director is classified “Schedule A” by the Civil Service Commission. “Schedule A” positions are defined as ones “other than those of a confidential or policy-determining character.” 5 C.F.R. § 6.2 (1978). Johnson also submitted a letter written by the current Secretary of Agriculture, stating that State Directors of the Farmers Home Administration should be kept in Schedule A because they are “responsible for managing a business type operation.” This evidence, coupled with Johnson’s claims that his work is satisfactory and that he was dismissed solely because of his political beliefs, raises genuine issues of material fact. The second principal requirement of Blackwelder is therefore satisfied. The same evidence suffices to preclude summary judgment. In American Fidelity and Casualty Co. v. London and Edinburgh Insurance Co., 354 F.2d 214, 216 (4th Cir. 1965), we said:

In order to grant a motion for summary judgment it must be shown “that there is no genuine issue as to any material fact.” Fed.R.Civ.P. 56(c). Not merely must the historic facts be free of controversy but also there must be no controversy as to the inferences to be drawn from them. It is often the case that although the basic facts are not in dispute, the parties nevertheless disagree as to the inferences which may properly be drawn. Under such circumstances the case is not one to be decided on a motion for summary judgment.

[*996] Accordingly, we reverse the district court’s denial of a preliminary injunction and remand the case for the grant of such relief and for trial. In doing so, we express no opinion as to the outcome of the case.

In an order granting a temporary injunction pending appeal, we directed Johnson to exhaust his administrative remedies. He has now complied with this requirement.

Dissent

K. K. HALL, Circuit Judge,

dissenting:

I must respectfully dissent, because I do not think that Johnson has demonstrated probable irreparable injury in the absence of injunctive relief. The injury to Johnson, found not to be an “adverse action” by the Federal Employee Appeals Authority, is his transfer from a position in North Carolina to one in Mississippi of equal rank and pay. I do not think that this transfer, standing alone, constitutes irreparable harm, however displeasing it may be to Mr. Johnson.

The majority ostensibly utilizes the analysis of Blackwelder Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189 (4th Cir. 1977) in determining the propriety of injunctive relief, finding that the threatened injury to Johnson is so serious that he is entitled to relief on the mere showing that there is a substantial legal issue to be litigated. But the majority in effect presupposes success on this central legal issue — “[i]f the state directorship is not a policymaking position” —to determine that Johnson’s transfer would then be “an infringement of his first amendment rights,” and declares that this infringement is the irreparable injury. Such bootstrap logic eviscerates the two-part test of Blackwelder. Furthermore, the majority’s reliance on Elrod v. Burns, 427 U.S. 347, 373, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976) is misplaced; there the infringement of first amendment rights was direct and immediate,[1] not indirect and speculative.

Therefore, unless this court is willing to hold that a job transfer to Mississippi is an injury of constitutional magnitude, a proposition which might startle the cit’zens of that state, then we cannot avoid a harder look at the merits of the case. The evidence is undisputed that Johnson, in his capacity as state director of the FmHA, supervised 288 employees and was responsible for the implementation of the national policy of the FmHA within the State of North Carolina. To suggest that his was not a policymaking position because it was classified as “Schedule A” by the Civil Service Commission- — a classification shared by special advisors in the office of the Secretary of Defense, the executive secretary to the U.S.-U.S.S.R. SALT Committee, and staff personnel on the National Security Council — defies common sense and extends Elrod v. Burns far beyond the scope of that opinion.

I find the district court’s analysis of this issue cogent and persuasive, and I would affirm on the basis of the district court’s opinion.

1

The plaintiffs in Elrod were forced to switch their political allegiance to or contribute money to the political party in power; the threatened consequence for non-compliance was dismissal from their jobs.